Chapter 2 of 156% of exam
Land Use Controls and Regulations
Public and private controls shape how land can be developed and used. Licensees must understand zoning concepts and private restrictions.
Zoning Concepts
Zoning divides land into districts under police power. A use that was lawful before a zoning change but no longer conforms is a legal nonconforming use, often allowed to continue. A variance grants relief for hardship, and a special-use permit allows a conditional use.
Private Land Use Controls
Deed restrictions and restrictive covenants imposed by developers regulate lot use, architecture, and setbacks, and run with the land. Homeowners associations commonly enforce these covenants. Private controls may not discriminate against protected classes.